IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150005163 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his 11 March 1974 DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as 213-XX-XXXX instead of 979-XX-XXXX and all his authorized awards. 2. The applicant states the SSN shown on that DD Form 214 is not correct. 3. The applicant provides a copy of his social security card and a notarized affidavit from his father. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army (RA) on 29 April 1971. The enlistment documents are not filed in his record. 3. He was honorably released from active duty on 11 March 1974. His DD Form 214 shows in: a. item 3 (Social Security Number) 979-XX-XXXX; b. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) National Defense Service Medal and the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar; and c. item 27 (Remarks) "ITEM # 3 FORM 20 STATES SSN: 317-XX-XXXX." 4. He again enlisted in the RA on 30 April 1974. The DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as 213-XX-XXXX. 5. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. item 2 (SSN) 213-XX-XXXX; b. item 5 (Oversea Service) he served in Germany from 10 December 1971 through 12 March 1974 and in Korea from 18 May 1974 through 11 May 1976; and c. item 9 (Awards, Decorations and Campaigns)– * National Defense Service Medal * Armed Forces Expeditionary Medal * Expert Marksmanship Qualification Badge with Rifle, Machinegun and Grenade Bars effective 18 February 1976 6. There is no DA Form 20 (Enlisted Qualification Record) in the available records. 7. He was honorably discharged on 29 April 1977. He had completed a total of 5 years, 10 months and 12 days of active duty service. His DD Form 214 shows in item 3 (SSN) 213-XX-XXXX, and his awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar. 8. He provided his social security card showing his SSN as 213-XX-XXXX and a notarized affidavit from his father stating the applicant enlisted in the Army on 29 April 1971, while living in Germany where he was stationed. 9. Army Regulation 600-2 (Name and Birth Data, SSAN, and Temporary Identification Number (TIN)), effective 1 July 1969, announced the use of the SSN in lieu of military service numbers. A TIN would be issued during the pre-enlistment processing for entrance into the active Army to those individuals who did not have an SSN. The TIN was a 9-digit number that always began with the number "9." Upon receipt of an SSN, the TIN entry on all records would be lined through and the SSN would be entered in its place. 10. Information available from the Social Security Administration shows that SSN's beginning with the numbers 800-999 are not valid SSN's; no numbers above 799 have ever been issued. 11. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with evidence of his or her military service at the time of separation. It stated to enter the individual's SSN in item 3. Item 30 (Remarks) was used to complete entries too long for their respective blocks. During the early 1970's the instructions for the remarks block stated to transcribe the SSN in the following manner: "SSAN: 000-00-0000." DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows a TIN was assigned to the applicant upon his initial enlistment in the Regular Army. This TIN appears to have been used during his initial enlistment. As a result, his TIN was recorded in item 3 of his 11 March 1974 DD Form 214 upon his discharge. 2. An SSN is listed in item 27 of his 11 March 1974 DD Form 214 as being shown on a DA Form 20, but there is no available DA Form 20. The SSN listed is not the same as the SSN he claims is correct. 3. Based on the evidence of record and the evidence he submitted, it would be appropriate to correct the applicant's 11 March 1974 DD Form 214 to show his SSN as is appears on his social security card. 4. His DA Form 2-1 shows he was awarded the Armed Forces Expeditionary Medal and the Expert Marksmanship Qualification Badge with Machinegun and Grenade Bars. He served a qualifying period of service for award of the Korea Defense Service Medal. These awards should be added to his 29 April 1977 DD Form 214. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "ITEM #3 FORM 20 STATES SSN: 317-XX-XXXX" from item 27 of his 11 March 1974 DD Form 214 and replacing it with the entry "SSN: 213-XX-XXXX" (the SSN shown on his social security card); b. deleting the entry "Expert (M-16 Rifle)" from item 26 of his 29 April 1977 DD Form 214; and c. adding to item 26 of his 29 April 1977 DD Form 214 the Armed Forces Expeditionary Medal, Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle, Machinegun and Grenade Bars. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130010090 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005163 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1